Windsor v. The United States Of America

Filing 40

CONSENT MOTION for Leave to File amicus curiae brief in support of the Plaintiff. Document filed by New York State. (Attachments: # 1 Proposed Brief)(Heller, Simon)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x : EDITH SCHLAIN WINDSOR, in her : capacity as Executor of the Estate of THEA : CLARA SPYER, : : Plaintiff, : : v. : : THE UNITED STATES OF AMERICA : : Defendant. : -------------------------------------------------------------x No.1:10-cv-8435-BSJ-JCF ECF Case UNOPPOSED MOTION FOR LEAVE TO FILE A BRIEF FOR THE STATE OF NEW YORK AS AMICUS CURIAE IN SUPPORT OF THE PLAINTIFF The Attorney General of the State of New York hereby moves this Court, upon the annexed Memorandum of Law and annexed proposed amicus curiae brief, for an order granting the Attorney General leave to file a brief for the State of New York as amicus curiae to explain that the Defense of Marriage Act, Pub. No. L. 104199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7 (“DOMA”), is unconstitutional because it violates the equal protection component of the Due Process Clause of the Fifth Amendment. Counsel for Plaintiff and counsel for the United States have consented to this motion. Counsel for the Bipartisan Legal Advisory Group of the U.S. House of Representatives has no objection to this motion. Dated: July 26, 2011. Respectfully submitted, ERIC T. SCHNEIDERMAN Attorney General of the State of New York BARBARA D. UNDERWOOD Solicitor General BENJAMIN N. GUTMAN Deputy Solicitor General By: /s/ Simon Heller SIMON HELLER Assistant Solicitor General 120 Broadway, 25th floor New York, NY 10271 P: 212-416-8020 F: 212-416-8962 2

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